Sheela v. State Of Tamilnadu Rep By Inspector Of Police, Melavalavu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Sheela, W/o.Selvaganesh ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Melavalavu Police Station, Madurai District.
(Crime No.90 of 2025) ... Respondent/Complainant For Petitioner : Mr.B.Viswanathan, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.90 of 2025 on the file of the Respondent Police. 1/6
ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 49, 127(2), 296(b), 133, 324(4), 115(2) and 351(2) of BNS, 2023 r/w. Section 4 of TNPHW Act in Crime No.90 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the 1st accused and the de-facto complainant are husband and wife. After their marriage, the 1st accused obtained the jewels of the de-facto complainant and used them for his business. Thereafter, a dispute arose between them on account of the alleged illegal relationship of the 1st accused with the 2nd accused, which led to the filing of a divorce petition by the 1st accused, but the same was dismissed. Subsequently, on 18.06.2025, the 1st accused trespassed into the de-facto complainant's house, abused her in filthy language, and assaulted her with his hands. Hence, the present case was registered.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution, and that she has been falsely implicated in this case. He, however, 2/6
submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.
4. The learned Government Advocate (Criminal Side) submitted that there are totally seven accused persons in this case and the petitioner has been arrayed as A2. He further submitted that the 1st accused and the petitioner are said to have had an extra-marital affair with each other. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration the facts and circumstances of the case, the nature of the offence, and taking note of the fact that as the date of registration of FIR is 20.06.2025, by this time material part of the investigation might have been completed, this Court is of the view that custodial interrogation of the petitioner is not necessary in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Melur, Madurai 3/6
District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Melur, Madurai District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate, Melur, Madurai District. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate, Melur, Madurai District;
(c) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
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(e) the petitioner shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 13/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
mkn TO 1 The Judicial Magistrate, Melur, Madurai .
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2 The Inspector of Police, Melavalavu Police Station, Madurai District.
3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.B.VISWANATHAN, Advocate ( SR-8885[I] dated 18/08/2025 )
ORDER
IN CRL OP(MD) No.11449 of 2025 Date :13/08/2025 NM/03.09.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6